Answer No. While there is a rule that allows certain categories of nonimmigrant workers to continue working for the same employer for up to 240 days based on a timely-filed petition to extend status, that rule does not apply to H-4/EAD extension applications. (05.Oct.2023)Sheela Murthy and...
Answer No. Ordinarily an H-4 dependent may not start working based on a pending H1B petition requesting a change of status. (28.Sep.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright...
Beginning October 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) will exempt all I-539 applicants from paying the $85 biometrics service fee. This exemption will apply indefinitely. Background Information In 2019, the USCIS implemented a policy that required most form I-539 applicants to complete biometrics screening...
Congress must pass a spending bill to extend government operations before October 1, 2023, or else a temporary shutdown of the federal government will go into effect. This would be the first shutdown of the Biden Administration. Annual Budget Process and History of Shutdowns The money needed...
Answer Once a person enters on an immigrant visa, the U.S. Customs and Border Protection (CBP) officer at the U.S. port of entry should have placed an I-551 stamp in the visa / passport, which serves as temporary evidence as status as a green card holder...
The U.S. Citizenship and Immigration Services (USCIS) has updated the USCIS Policy Manual with additional guidance that expands the extraordinary circumstances exception to the Child Status Protection Act's (CSPA) "sought to acquire" requirement. This update stems from a February 14, 2023, policy update that expanded...
Answer Generally speaking, a U.S. citizen living abroad may sponsor their spouse for a green card, as long as they plan to move to the U.S. once the immigrant visas are issued. (14.Sep.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...
Many foreign nationals hold some mistaken beliefs related to the employment authorization document (EAD). Laws and regulations that govern employment through the EAD may differ substantially from the rules that govern work authorization provided by nonimmigrant status, such as H1B. Foreign nationals must make efforts...
Answer There is not a specific limit to the amount of time a person with a pending I-485 can remain outside the U.S. The issue, however, is how the individual will be able to return. If the applicant is relying on the AP document, she must...
The Fraud Detection and National Security Directorate (FDNS) of the U.S. Citizenship and Immigration Services (USCIS) is responsible for conducting site visits, when needed, at the homes of married couples in spousal permanent residence ("green card") cases. This is an effort to identify and investigate...
